Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.

Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality.  Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.

Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.

Government to roll out across 20 prisons voluntary castration for sex offenders. What does this mean for the accused?

Are you being accused of a sexual offence? Here we answer the most frequently asked questions about DNA.

Have you been given a domestic violence protection notice? Are you wondering what your rights are? Or what to expect? Read our latest article today!

Have you been given a DVPO? Are you worried about it being on your record? Read our latest article to learn more. Contact Eventum Legal for help!

Have you been given a Domestic Abuse Protection Order? Are you concerned about it? Learn more about challenging the DAPO in court!

A caution may sound an attractive option, but it is important to know the potential consequences and whether it really is the best outcome for you.

Explaining the difference and implications of an assault and a battery in the context of domestic violence.

Psychological reports can be of great assistance at all stages of a criminal case, particularly in cases of sexual offending.

An explanation as to what the difference is between indecent images and prohibited images, and how we can defend your case.

Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.

Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.

Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.

Understand Sarah's Law - the Child Sex Offender Disclosure Scheme.

What will happen when you are charged with rape or sexual assault?

Defending youths accused of sexual offending at police stations and courts in England and Wales. How we can help you.

Accused of domestic violence but acted in self defence? Find out how we can help you.

What is the maximum sentence you could face if your case is head in the magistrates court. We discuss the the possible outcomes of magistrates sentencing hearings.

Using AI in criminal proceedings could have very serious consequences for your case, and witnesses. Understand the impact.

Offenders convicted of coercive or controlling behaviour now face tougher management from police and probation services.

Navigating a false sexual assault allegation is difficult for the accused. Our team expertly present your defence as early as possible.

Within days of the service of our client's Defence Case Statement, the allegations against him have been "dropped" by the CPS.

Rape prosecutions which centre around "stealthing" are becoming more common. But what is stealthing?

Understanding wasted costs orders, and how you may be able to claim your legal costs back.

Our team have successfully defended our client accused of controlling or coercive behaviour at the pre charge stage of his case.

Evidence arising from paedophile hunter groups can be fraught with errors, causing prosecutions to fail.

Accused of controlling or coercive behaviour and want to know what exact behaviour this includes? Our lawyers explain.

Understanding how the CPS make charging decisions can be crucial to establishing the pre charge defence approach to your case.

Preparing for a rape trial can be distressing, and emotionally draining. Our team are a support system for our clients.

New research suggests that memories can be manipulated. How could this affect your case?

Applying a specialist approach to children accused of a sexual offence is crucial.

New laws suggested to specifically target AI software used to create indecent images of children.

A guide to the criminal process from complaint to court.

Our Graduate Paralegal Jenna discusses how to navigate a false domestic abuse allegation.

We approach all cases with consideration to the individual and unique circumstances of our client, offering a tailored and specialist approach.

Navigating the appeal process can be difficult, getting it right from day one is essential due to the time constraints in place.

Domestic Abuse Protection Orders are orders which are made by the Magistrates Court where it is suspected that a person has been, or is at risk of domestic abuse. See answers here to FAQs.

The Governments plans to implement new laws to stop the creation of deepfake images.

Grooming offences are serious, ensuring you obtain the correct legal advice and support is crucial.

Can we stop the press from publicising a case? Here we discuss anonymity in criminal proceedings.

An explanation of the new sentencing guidelines for strangulation and suffocation offences.

Are you worried about being prosecuted even if the complaint is withdrawn? Please read our latest article today! Our team shed light on what might happen!

Successful defence of father accused of sexually assaulting his daughter. Pre charge representation avoids charges.

Accused of domestic abuse as a result of heightened emotions at Christmas? Our lawyers are here to help you.

No further action for college student accused of rape. The benefit of positive pre-charge engagement with police cannot be underestimated.

Non fatal strangulation and suffocation are offences in their own right. Introduced in 2022, charges for the offences are increasing.

Proposals to scrap some jury trials to reduce court backlogs has the potential to put defendants at a disadvantage.